Privacy Policy OPN.ART

We, the OPN.ART GmbH , Pappelallee 78/79, 10437 Berlin, Germany, (hereinafter also referred to as „we“) are the provider of the websites under the top-level-domain opn.art (hereinafter referred to as „website“) as well as the provider of the following social media channels: Instagram: https://www.instagram.com/opn_art/; Facebook: https://www.facebook.com/profile.php?id=100094371636468 LinkedIn: https://www.linkedin.com/company/opn-art/ (hereinafter jointly referred to as „Social-Media-Channels“).

We take the protection of your personal data very serious. When collecting, processing and using personal data, we therefore strictly comply with all data protection regulations applicable in the Federal Republic of Germany, in particular the European General Data Protection Regulations (GDPR), the German Federal Data Protection Act (BDSG), the provisions of the German Telemedia Act (TMG) and the German Telecommunications Telemedia Data Protection Act (TTDSG).

Controller, Personal Data

OPN.ART GmbH
Pappelallee 78/79
10437 Berlin
Germany

Tel.: +49 (0) 151 22 632 771
E-Mail: hello@opn.art

Managing Directors (Geschäftsführung):
Marie-Louise Sadakane, Gen Sadakane

Commercial Register: Local Court (Amtsgericht) of Charlottenburg (Berlin) HRB 256394 B

VAT-ID: DE364075490

Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (Art. 4 (1) GDPR).

Data Protection Officer

The data protection officer within the meaning of Art. 37 GDPR of the controller for the processing and use of your personal data is:

Marie-Louise Sadakane
c/o OPN.ART GmbH
Pappelallee 78/79
10437 Berlin
Germany

Tel.: +49 (0) 151 22 632 771
E-Mail: hello@OPN.ART

If you have any questions or comments about data protection, please contact our data protection officer at any time.

What data is collected?

Website

When you access our website, the browser used on your terminal device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until it is automatically deleted:

IP address of the requesting computer,

Date and time of the server request,

website from which access was made (referrer URL),

browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The aforementioned information is only statistically evaluated and used to improve the functionality of our website and the attractiveness of our services. The legal basis for this is Art. 6 (1) s. 1 lit. f) GDPR ("legitimate interests"). Our legitimate interest results from the guarantee of a smooth connection setup, the design of the most comfortable and effective use of our website as well as for reasons of system security. In no case do we use the collected data for the purpose of drawing conclusions about your person.

We offer users of our website the possibility of contacting us via (encrypted) contact form or e-mail. When using the contact form, it is necessary to provide a valid e-mail address so that we know who the enquiry is from and so that we can answer it. It is your sole decision whether and which information you like to provide to us. However, we would like to point out that the electronical transfer of data - even via encrypted means - might be insecure. Complete protection of data against access by unauthorised third parties is technically not possible.

We collect and process the following personal data, if provided by you:

first and last name,

company,

e-mail address,

address,

phone number

your communicated request.

Newsletter

With our newsletter we inform you about us, our products and news concerning our company (hereinafter referred to as "newsletter"). By subscribing to our newsletter, you agree to receive it until revoked.

To subscribe to our newsletter, it is sufficient to enter your e-mail address. Your subscription to receive our newsletter is done in a double-opt-in procedure. After your subscription, you will receive a confirmation e-mail with a link that you must click to release the receipt of the newsletter. We log your newsletter subscription in order to proof your subscription to the newsletter. The processing of your e-mail address for newsletter registration is based solely on your consent (Art. 6 (1) s. 1 lit. a) GDPR).

Our newsletters are sent via "SQUARESPACE", Squarespace Ireland Limited
Squarespace House
Ship Street Great
Dublin 8
Ireland
D08 N12C
USA (hereinafter referred to as "SQUARESPACE").

SQUARESPACE is used on the basis of our legitimate interests according to Art. 6 (1) s. 1 lit. f) GDPR and an data processing agreement according to Art. 28 (3) s. 1 GDPR.

The following information from you is stored by SQUARESPACE on their servers in the USA:

the e-mail address you have entered

as well as information on how to access and use the newsletter (see below).

The data transfer by SQUARESPACE from the European Union to the USA is based on the standard contractual clauses of the European Commission (Art. 46 (2) GDPR). The privacy policy of MailChimp can be viewed here: https://SQUARESPACE.com/legal/privacy/.

SQUARESPACE uses the above mentioned information to send and evaluate the newsletter on our behalf. Furthermore, SQUARESPACE uses this data to optimize or improve its own offers, e.g. to technically optimize the dispatch and the presentation of the newsletter or to determine from which countries the newsletter recipients come. However, SQUARESPACE does not use this data to pass it on to third parties.

We would like to point out that the newsletters contain a web beacon, i.e. a small file which is retrieved by the server of MailChimp when opening our newsletter. During the retrieval technical information (e.g. type of browser used) as well as your IP address and the time of retrieval are collected. This information is used for technical improvement of the services.

We also use SQUARESPACE to conduct statistical surveys which include the following evaluations: a.) to determine whether a newsletter has been opened, b.) when it was opened and c.) which links are clicked. This information can be assigned to you for technical reasons. However, it is not our intention to monitor you. The evaluation of the information serves us only to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.

The legal basis for processing the data for statistical purposes and to ensure proper processing of the newsletter subscription is Art. 6 (1) s. 1 lit. a) GDPR if you have given your consent, otherwise Art. 6 (1) s. 1 lit. f) GDPR ("legitimate interests").

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. Your consent to receive our newsletter via MailChimp and the statistical analyses will expire at the same time. A link to unsubscribe the newsletter can be found at the end of each newsletter.

Hosting

We use hosting services provided by the web hoster Squarespace, an American company with its registered office in Ireland: Squarespace Ireland Ltd, Le Pole House, 1st Floor, Ship Street Great, Dublin 8 Ireland (hereinafter referred to as “Squarespace”).

The data that is collected automatically and stored temporarily in the log file when accessing our website (see section 3. a)) is stored on the servers of Squarespace and deleted after the purpose has been fulfilled or after the legal retention periods have expired.

Personal data may also be transmitted to Squarespace's parent company, Squarespace Inc, 8 Clarkson St, New York, NY 10014, USA. Squarespace also stores cookies that are necessary for the presentation of the website and to ensure security (necessary cookies).

The data transfer by Squarespace from the European Union to the USA is based on the standard contractual clauses of the European Commission (Art. 46 (2) GDPR). Details can be viewed here: https://support.squarespace.com/hc/de/articles/360000851908-DSGVO-und-Squarespace.

The hosting services are used to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services.

The processing of the data is based on our legitimate interests in the efficient and secure provision of our website pursuant to Art. 6 (1) s. 1 lit. f) GDPR in connection with Art. 28 (3) s. 1 GDPR (data processing agreement). As far as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) s. 1 lit. a) GDPR and § 25 (1) TTDSG, as far as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

More information from Squarespace on data protection can be viewed here: https://de.squarespace.com/privacy/.

Cookies

Our website can use so-called "cookies". Cookies are small text files that are stored on your terminal device and which provide us or the service provider we use with certain information.

Cookies are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of the use of our website. Permanent cookies remain stored on your terminal device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies have various functions. Many cookies are technically necessary, as certain website elements would not work without them (e.g. a shopping cart function or the display of videos). By placing functional cookies, we make it easier for you to visit our website. This way, when you visit our website, you do not have to repeatedly enter the same information or your items remain in your shopping cart until you pay for them, for example. We may place these cookies without your consent.

Other cookies are used to evaluate user behavior or display advertising (analytical cookies). For the use of such cookies, we may need to ask for your consent.

Insofar as cookies are used by third-party companies, we will inform you separately within the scope of this privacy policy and, if necessary, request your consent.

Cookies are used by us for the purpose of a demand-oriented design, the security of our website, the business evaluation as well as the optimization of the website. The legal basis for this is Art. 6 (1) s. 1 lit. f) GDPR ("legitimate interests").

If we have requested your consent to the use and storage of cookies, the cookies in question are used and stored exclusively on the basis of this consent (Art. 6 (1) s. 1 lit. a) GDPR); consent can be revoked at any time.

To request consent, we show you a pop-up with an explanation about cookies when you first visit our website. As soon as you click on "Save settings", you give us your consent to use all the categories of cookies and plugins you have chosen as described in our cookie policy.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. We would like to point out that if you completely deactivate cookies, you may not be able to use all the functions of this website to their full extent.

Further information on the type and use of cookies can be found here: [please insert link to cookie policy].

Social-Media-Channels

We maintain online presences within social networks and platforms in order to communicate with you and inform you about our services. On our website you will find links to our social media channels, identified by the respective logo of the service provider. By clicking on the logo you will be directed to the corresponding social media channel. This establishes a connection to the respective server and the service provider receives the information that you have visited our site with your IP address.

If you have a social media account and are logged in, you enable the respective service provider to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your account.

The business conditions and data processing guidelines of the respective operators apply. We have no influence on the data processing by the respective service providers.

If you use the possibility to mark posts from us in our social media channels (e.g. by using the like-button) and/or to leave comments, these comments and marks are publicly accessible and your name and profile picture are associated with the mark and/or comment. You can remove your comments and marks at any time to the extent enabled by the provider of the social media platform. If you provide us with information via the social-media-channels we collect and process the data you voluntarily provide us with.

The processing of your personal data is based on our legitimate interest in comprehensive information and communication with you in accordance with Art. 6 (1) s. 1 lit. f) GDPR. If you are asked by the respective providers of the platforms for your consent to data processing, the legal basis for processing is Art. 6 (1) s. 1 lit. a) GDPR.

Please find here the provider identification and the privacy policies (including possibilities to object) of the operators of our social-media-channels:

Instagram (Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland): https://instagram.com/about/legal/privacy/

Facebook (Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland): http://www.facebook.com/policy.php

LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Irland): https://www.linkedin.com/legal/privacy-policy

How do we use your data?

The information you have provided voluntarily via our website (by contact form or e-mail) or via social media channels will only be used to process your request. If no contractual relationship is established between you and us, the information provided by you will be deleted as soon as your inquiry is completed. If we enter into a contractual relationship we will keep and process your data during the term of contract and store such data thereafter for the applicable legal retention periods. Thereafter, we will delete your data. We collect and process your data on the legal basis of Art. 6 (1) s. 1 lit. a) GDPR (“Your Consent”), if your inquiry relates to a contractual relationship on the legal basis of Art. 6 (1) s. 1 lit. b) GDPR (“necessary for the performance of a contract”) and on the legal basis of Art. 6 (1) s. 1 lit. f) GDPR (“legitimate interest”).

If not otherwise stipulated hereunder, we do not provide third parties with your data, in particular not for promotional or marketing purposes. We only provide third parties with your data if you have expressly given your consent or if a statutory permission is given.

You have the following rights:

As a user of our website and our social-media-channels you have the following rights, subject to the respective statutory requirements:

Right of access in accordance with Art. 15 GDPR

Right to rectification in accordance with Art. 16 GDPR

Right to erasure in accordance with Art. 17 GDPR

Right to restriction of processing in accordance with Art. 18 GDPR

Right to data portability in accordance with Art. 20 GDPR

Right to object in accordance with Art. 21 GDPR

Right to withdraw consent in accordance with Art. 7 (3) GDPR

In order to process an inquiry, we reserve the right to verify the identity of the inquirer. This measure serves the purpose of protecting your data against unauthorized access.

You can exercise your rights by contacting us at hello(at)fake.agency. For further contact details please see our imprint.

You also have the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. The responsible supervisory authority is the „Berliner Beauftragte für Datenschutz und Informationsfreiheit“ https://www.datenschutz-berlin.de/.

Status: June 2023